THADIL AHMAD 14 July 2018

Selling property

am Mr. Ahmad from Banashankari Bangalore.

and my two younger brothers, no sisters and our Mother and Father was both expired, and we have a property called 25 x 35 site with house , so we want to sell it , may i know how to sell from legal doucument, we have registration papers in our father's name

we want to know , before we sell this property can we convert the Khata to our names or else how to sell and one more thing , what are other formalities(doucument) to produce for sell.

please clarify this ,

Regards.

Ahmad.

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 14 July 2018

Property will be transferred to mother name then she sell to anybody.

Kumar Doab (FIN) 15 July 2018

Which personal law applies in your case?

Are you all Hindu?

It is believed that your deceased father was title holder (owner)?

The property left by deceased father was; self earned/acquired/ancestral?

Have the deceased i.e. your father left any valid WILL?

As per your post there are no daughter/married daughters?

Who deceased 1st; your father or mother?

Was mother of your father alive as on date of his death?

The property is in which state?

Have you obtained death certificates and legal heir certificates of deceased father and his pre-deceased/deceased legal heirs?

Confirm!

Kumar Doab (FIN) 15 July 2018

Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in the area of Delhi. It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

Kumar Doab (FIN) 15 July 2018

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

If other legal heirs sign for NOC in case of WILL then authority under whose jurisdiction property falls may transfer the property in the name of beneficiary.

Thus legal heir(s) that get property by inheritance can sell.

The buyer may ask all legal heirs to sign as witness/consenting witness in sale deed.

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered family settlement after the WILL and register it.

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records. Thereafter the beneficiary can sell.

Thereafter obtain copy of updated mutation records.

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.